Draft Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019

The principal tool used by enforcement officers is the record generated by the tachograph, which is a device installed in relevant vehicles that records the driving, rest and break times of the vehicles and their drivers. The directly applicable EU regulation—Regulation No. 165/2014—mandates the use of tachographs by relevant drivers. The draft regulations make the changes needed to ensure that this framework will continue to function correctly after exit day.

The draft regulations make amendments in three broad categories. First, they make changes to domestic law, under the European Communities Act 1972, to update the legal provisions that implement EU law ahead of exit day, so that the regime is fully effective and enforceable. In addition to the directly applicable rules I have already mentioned, EU law includes the obligation on member states to apply the wider United Nations AETR agreement on drivers’ hours rules. With the UK outside the EU, that wider international agreement will in the future cover transport operations between the UK and the EU.

The majority of the changes under this heading are to ensure that there are explicit domestic provisions, including for offences and penalties, to fully implement the AETR. I emphasise that the AETR driving time and tachograph rules mirror the equivalent EU regulations, so this legal change does not affect the regulatory obligations on drivers and operators within the scope of the rules. Although the need for the amendments is especially relevant in the context of our EU exit, they are in any event legally required under the UK’s international obligations.

Secondly, the draft regulations make changes to the retained EU regulations, using the powers conferred by the EU withdrawal Act. With the UK outside the EU, the retained EU regulations will cover the majority of domestic transport operations. Changes are required to make the two retained EU regulations suitable for a UK context, and to ensure that they continue to function properly after exit. For example, EU processes, such as the need for the UK to seek authorisation from the European Commission for exemptions from the rules, have been removed. Certain functions will also be transferred to the Secretary of State, such as the Commission’s power to specify the technical requirements of the tachograph, which will become a domestic regulation-making power using the affirmative procedure.[Official Report, 19 February 2019, Vol. 654, c. 14MC.]

Changes are also being made in order to retain the status quo in how the UK recognises incoming drivers or equipment from EU countries. For example, a tachograph that has been type approved by an EU country’s authority remains valid for use in the UK, provided that other rules are complied with, which will help to avoid disruption to the current practices of the haulage and passenger transport industries. The policy area of drivers’ hours is devolved with respect to Northern Ireland. Although this statutory instrument, for the sake of efficiency, amends the retained EU regulation on a UK-wide basis, that does not affect the devolved nature of the policy.

Thirdly, the regulations amend domestic legal provisions, using the powers of the EU withdrawal Act. Under the current EU regulations, member states themselves put in place effective and proportionate enforcement provisions. In Great Britain that has been done by means of criminal offences set out in primary legislation and a fixed penalty regime in secondary legislation. Important amendments need to be made to those domestic enforcement provisions to make them work in a non-EU context, which is necessary to ensure that the rules continue to be clear and fully enforceable after exit.

The Northern Irish devolved Administration are preparing equivalent amendments to Northern Irish law, which will be the subject of a separate statutory instrument. The amendments made under the EU withdrawal Act will come into force on exit day. Should a negotiated exit with an implementation period be agreed, the provisions made under the Act will be deferred until the end of the implementation period, and amended or revoked as necessary.

In summary, the regulations presented here are essential to ensuring that the EU regulations on drivers’ hours, and on the tachographs that are used to enforce them, continue to work effectively in the UK from exit day. They are at the heart of the road safety regime for commercial vehicles, and I am sure that hon. Members across the Committee will share my desire to avoid any disruption to their proper functioning. I should like to be clear that these necessary legal amendments do not modify the substantive regulatory obligations placed on drivers and operators who are subject to the rules. On the contrary, they will help to provide clarity and certainty for the industry about the continuity of the policy framework through the EU exit process. For that reason, I hope that hon. Members will join me in supporting these regulations, which I commend to the Committee.

I have touched on our preparations, but the hon. Member for Kilmarnock and Loudoun also raised the important issue of the driver shortage, which we recognise. We have been working closely with the industry on its “Road to Logistics” package. It has taken some time to get that to a place where it is something that the Government can look closely at, but I am pleased to say that it is now of great interest. I recommend it to my colleagues and encourage them to work closely with the industry to try to crack the issue. Having said that, I invite the Committee to support the regulations.